- 1 - HC-KAR NC: 2025:KHC-D:17187 WP No. 101651 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 101651 OF 2025 (GM-CPC) BETWEEN: SMT. MALLAVVA W/O. GADDEPPA HOMBALDAVAR AGE: 61 YEARS, OCC: HOUSEHOLD WORK, R/O. 1ST FLOOR, H.N.LIG-91, GANDHI NAGAR, GOKUL ROAD, HUBBALLI-580030. …PETITIONER (BY SRI. S.L.MATTI AND SRI. RAVINDRA S.KARADI, ADVOCATES) AND: SMT. VIDYA W/O. SANTOSH PANDEY AGE: 53 YEARS, OCC: SERVICE, R/O. JOLAD COMPOUND, NEAR SHRINAGAR HOTEL, KESHWAPUR, HUBBALLI-580023. …RESPONDENT (BY SRI. ABHISHEK L.KALLED, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING AN ORDER DATED 18/02/2025 PASSED IN EXECUTION PETITIONER NO.238/2024 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HUBBALLI VIDE ANNEXURE-J, IN THE ENDS OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:42 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17187 WP No. 101651 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 18.02.2025 passed in E.P.No.238/2024 on the file of II Additional Senior Civil Judge, Hubballi1. 2. The Executing Court issued a possession warrant against the present petitioner, who was the plaintiff in O.S.No.195/2020. The plaintiff/petitioner had filed the suit for recovery of money, and the said suit was decreed directing the defendant therein to pay a sum of ₹6,00,000/- to the plaintiff/petitioner. 3. In the said suit, the defendant/respondent had filed a counter claim seeking possession of the property from the plaintiff/petitioner on the premise that the plaintiff/petitioner was in occupation of the property as a lessee. The defendant/respondent also sought recovery of arrears of rent in the said counter claim. The counter claim was decreed in part, directing plaintiff/petitioner to handover the possession of the property to the defendant/counter claimant. 1 For short, ‘Executing Court’ - 3 - HC-KAR NC: 2025:KHC-D:17187 WP No. 101651 of 2025 4. The Trial Court further directed the defendant/counter claimant to pay ₹6,00,000/- to the plaintiff/petitioner. 5. Since possession was not delivered, the defendant/counter claimant, who is the respondent in the present petition, filed an execution petition in E.P.No.238/2024 seeking recovery of possession. The Executing Court issued a possession warrant against the petitioner. Aggrieved by the said order, the present petition has been filed. 6. Learned counsel appearing for the petitioner would submit that the defendant/counter claimant has filed a regular appeal in R.A.No.5014/2024 challenging the decree in the counter claim, as such he is not entitled to recover possession from the petitioner/plaintiff. 7. Learned counsel for the defendants/counter claimant, who is the respondent in the present petition, would submit that the appeal was filed against the decree denying relief in respect of arrears of rent amount and mesne profits, as such, the execution petition is maintainable, and the plaintiff/petitioner has not challenged the judgment and decree in O.S.No.195/2020. - 4 - HC-KAR NC: 2025:KHC-D:17187 WP No. 101651 of 2025 8. It is pointed out that ₹6,00,000/- is deposited before the Trial Court. Thus, the petitioner/plaintiff is entitled to receive the said amount, and at the same time, the petitioner has to handover the possession of the property to the defendant/respondent. 9. In case the possession is delivered, the petitioner is entitled to receive the amount by filing a memo for having handed over the possession of the property to the defendant/respondent of this petition. 10. In case the petition is delivered within 15 days, the Trial court shall execute the delivery warrant. 11. With these observations, the petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP Ct:vh List No.: 1 Sl No.: 43